Mabany v. Blanche

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT
_________________________________
CICILIA DANIEL APACE MABANY,

Petitioner,

v.

TODD BLANCHE, United States Attorney
General,

Respondent.

No. 26-9568
(Petition for Review)
_________________________________
ORDER
_________________________________
Before HOLMES, Chief Judge, MORITZ, and EID, Circuit Judges.
_________________________________
This matter is before the court on the parties’ Joint Motion to Dismiss for Lack of
Jurisdiction. The parties assert that this court does not have jurisdiction in this matter
because there is no final order of removal.
This court’s jurisdiction in this context is limited to reviewing final orders of
removal. 8 U.S.C. § 1252(a). An order of removal becomes final by either a decision of
the Board of Immigration Appeals affirming the order or the expiration of the time to
seek review. 8 U.S.C. § 1101(a)(47)(B). Here, the Department of Homeland Security
appealed the immigration court’s order granting the deferral of removal, and the matter
remains pending before the Board of Immigration Appeals. Accordingly, the order of
FILED
United States Court of Appeals
Tenth Circuit

August 17, 2026

Christopher M. Wolpert
Clerk of Court
Appellate Case: 26-9568 Document: 10 Date Filed: 08/17/2026 Page: 1

2
removal is not yet final and this court lacks jurisdiction to consider this petition for
review.
PETITION FOR REVIEW DISMISSED.
Entered for the Court

Per Curiam
Appellate Case: 26-9568 Document: 10 Date Filed: 08/17/2026 Page: 2